THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY BAKER, ARGALL, BOSCOLA, BREWSTER, BROWNE, DINNIMAN, EARLL, EICHELBERGER, ERICKSON, FARNESE, FOLMER, FONTANA, McILHINNEY, MENSCH, ORIE, PIPPY, RAFFERTY, SMUCKER, SOLOBAY, TARTAGLIONE, WAUGH, D. WHITE, WILLIAMS AND YUDICHAK, MARCH 4, 2011

REFERRED TO JUDICIARY, MARCH 4, 2011  

AN ACT

Amending Title 42 (Judiciary and Judicial Procedure) of the

Pennsylvania Consolidated Statutes, in particular rights and

immunities, further providing for Good Samaritan civil

immunity for use of automated external defibrillator and for

nonmedical good Samaritan civil immunity.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Sections 8331.2 and 8332 of Title 42 of the

Pennsylvania Consolidated Statutes are amended to read:

§ 8331.2.  Good Samaritan civil immunity for use of automated

external defibrillator.

(a)  General rule.--[Except as otherwise provided in this

section, any individual who is trained to use an automated

external defibrillator in accordance with subsection (c) and]

Any person who in good faith acquires and maintains an AED or 

uses an AED in an emergency shall not be liable for any civil

damages as a result of any acts or omissions by [such] an 

individual [in] using the AED, except [any] if acts or omissions

intentionally designed to harm or any grossly negligent acts or

omissions [which] result in harm to the individual receiving the

AED treatment.

(b)  Requirements.--Any person who acquires and maintains an

AED for use in accordance with this section shall [not be liable

for civil damages provided that the person]:

(1)  [Ensures] Ensure that expected AED users receive

training pursuant to subsection (c).

(2)  [Maintains and tests] Maintain and test the AED

according to the manufacturer's operational guidelines.

(3)  [Provides] Provide instruction requiring the user of

the AED to utilize available means to immediately contact and

activate the emergency medical services system.

(4)  [Assures] Assure that any appropriate data or

information is made available to emergency medical services

personnel or other health care providers as requested.

(c)  Training.--For purposes of this section, expected AED

users shall complete training in the use of an AED [provided by

the American National Red Cross or the American Heart

Association or through an equivalent course of instruction

approved by the Department of Health in consultation with a

technical committee of the Pennsylvania Emergency Health

Services Council] consistent with American Red Cross, American

Heart Association or other national standards as identified and

approved by the Department of Health in consultation with the

Pennsylvania Emergency Health Services Council.

(d)  Obstruction of emergency medical services personnel.--

Nothing in this section shall relieve a person who uses an AED

from civil damages when that person obstructs or interferes with

care and treatment being provided by emergency medical services

personnel or a health professional.

[(e)  Exception.--Any individual who lacks the training set

forth in subsection (c) but who has access to an AED and in good

faith uses an AED in an emergency as an ordinary, reasonably

prudent individual would do under the same or similar

circumstances shall receive immunity from civil damages as set

forth in subsection (a).]

(f)  Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection:

"Automated external defibrillator" or "AED."  A portable

device that uses electric shock to restore a stable heart rhythm

to an individual in cardiac arrest.

"Emergency."  A situation where an individual is believed to

be in cardiac arrest [and] or is in need of immediate medical

attention to prevent death or serious injury.

"Good faith."  Includes a reasonable opinion that the

immediacy of the situation is such that the use of an AED should

not be postponed until emergency medical services personnel

arrive or the person is hospitalized.

§ 8332.  [Nonmedical] Emergency response provider and bystander 

good Samaritan civil immunity.

(a)  General rule.--[Any person who renders emergency care,

first aid or rescue at the scene of an emergency, or moves the

person receiving such care, first aid and rescue to a hospital

or other place of medical care, shall not be liable to such

person for any civil damages as a result of any acts or

omissions in rendering the emergency care, first aid or rescue,

or moving the person receiving the same to a hospital or other

place of medical care, except any acts or omissions

intentionally designed to harm or any grossly negligent acts or

omissions which result in harm to the person receiving the

emergency care, first aid or rescue or being moved to a hospital

or other place of medical care] Any person, including an

emergency response provider, whether or not trained to practice

medicine, who in good faith renders emergency care, treatment,

first aid or rescue at the scene of or during the course of an

emergency event or to a victim of a crime, or who moves the

person receiving such care, first aid or rescue to a hospital or

other place of medical care, shall not be liable for any civil

damages as a result of rendering such care, except in any act or

omission intentionally designed to harm or any grossly negligent

acts or omissions which result in harm to the person receiving

emergency care or being moved to a hospital or other place of

medical care.

[(b)  Exceptions.--

(1)  This section shall not relieve a driver of an

ambulance or other emergency or rescue vehicle from liability

arising from operation or use of such vehicle.

(2)  In order for any person to receive the benefit of

the exemption from civil liability provided for in subsection

(a), he shall be, at the time of rendering the emergency

care, first aid or rescue or moving the person receiving

emergency care, first aid or rescue to a hospital or other

place of medical care, the holder of a current certificate

evidencing the successful completion of a course in first

aid, advanced life saving or basic life support sponsored by

the American National Red Cross or the American Heart

Association or an equivalent course of instruction approved

by the Department of Health in consultation with a technical

committee of the Pennsylvania Emergency Health Services

Council and must be performing techniques and employing

procedures consistent with the nature and level of the

training for which the certificate has been issued.]

(c)  Exception.--This section shall not relieve a driver of a

vehicle, including an ambulance or other emergency rescue

vehicle, from liability arising from an operation or use of such

vehicle pursuant to subsection (a).

(d)  Definition.--For the purposes of this section, the term

"emergency response provider" includes Federal, State and local

emergency public safety, law enforcement, emergency response,

emergency medical, including hospital emergency facilities, and

related personnel, response teams, agencies and authorities.

Section 2.  This act shall take effect in 60 days.